BMW Class Action Lawsuit

Noted on the Adventure Rider site that a gent in NJ is contemplating a class action suit against BMW for a faulty gear indicator display.... makes me appreciate my '81 R100 Airhead (my '03 K1200RS gear indicator display has never malfunctioned).

Read that. Not sure if he's ticked because the indicator doesn't work correctly or that he took it in four times to have it repaired? Personally, I'd be more irritated with the time lost in dealer trips. Imagine it makes BMW yearn for the days when 'which gear am I in awareness' was part and parcel of becoming a "rider". All those years without an indicator...how did we do it...LOL

This case will be tossed for lack of merit, I think. He will be lucky to get attorney fees. I am not a lawyer and don't play one on TV.

Idiot lights -

An email notification came across my desktop this morning from the ADV rider site. The subject concerned a class action law suit against BMW over faulty gear position indicators. It seems according to the suit that on a variety of models over a period of at least 15 years the dash indicator either fails to show the correct gear or quits entirely. The suit claims this is a safety issue. I really don't know about that myself. My 5 BMW's came with a gear position indicator implanted in my brain connected to an accelerometer embedded in my backside wired to my left foot and operated by my right hand.... sort of. Know what I mean?

Anyway. The gear position debacle actually began way back in 1977 when without much notice other than a change in part number and wiring diagram, BMW reversed the polarity of the neutral indicator switch located underneath the transmission. Open became green light on (neutral light) instead of green light off (in gear). This created a few years worth of confusion among rider/mechanics until enough of us noticed the new part number, looked at the wiring schematics, figured out why after replacing a leaking switch the neutral light went out with the transmission in neutral - and told all of our friends what the problem was.

One of my airheads has the 'wrong switch' problem still and I ignore it because logically when it's in gear, the green indicator lamp is on which means "GO" of course. System indicator lamps, gear position monitors and interconnected circuits designed to prevent us from performing inherently dangerous/unfortunate actions have no place on a motorcycle. Other than oil pressure and volt meters, they mostly exist to absolve the manufacturer of any further responsibility for having provided an inherently dangerous vehicle to those of us who chose to remain blissfully unaware of our own responsibilities.

BMW knows how to design products that work properly. Where they fall short is making sure the ever more technically complex parts are up to the challenging environment they are tasked to perform in. Those of us who purchase their products have the right to expect that they work as intended and, if not, that they will be fixed. The fact that BMW has not fixed the problem for such a long time tells me that maybe, perhaps, others have the same connection to their machine that i do - implanted in their brain, embedded in their butt, wired to the left foot and operated by the right hand making a gear position indicator irrelevant.

John -

I'm going to move this to the other thread that was started a little before yours.

Over the years I've owned more then my share of BMW motorcycles, Airheads, Bricks, Oilheads and a bunch of F bikes. I've had to dig into a few of them because of faulty gear indicators or "lazy" neutral lights. I always looked at as part of the hobby.
I know a lot of BMW owners don't like to get their hands dirty with maintenance or with these types of repairs, and if they are buying new bikes with warrantees they should not have to, wrenching is not for everyone.
BMW over the years have had a few issues that have taken years to sort out. I always roll my eyes when the subject of R100gs side stands raises itt's ugly head, or even early K75-100 side stands.
I'm amazed to this day there has not been a Class Action Suit on early F650gs lower fork sliders that break at the axle gussets. Many riders hurt and injured. BMW improved the design but never issued a recall.
My thought is gear indicators have no business on a motorcycle. Thst being said, if BMW feels the need to put them on thier motorcycles, and thusly make riders dependant upon them, they should work as designed and as intended.

Gear Indicator

My 04 RT has a gear indicator that has worked perfectly since new.
My R90s doesn't have one.

I thought about that the other day, when I took my old bike for a long ride in the country and I knew instinctively what gear I was in. Whether it was rpm's the feel of the gearbox, the sounds it was making, I just somehow knew and didn't need any LCD readout to confirm it.

I have a 2000 Corvette with a 6 speed manual and it doesn't have a gear indicator either. Somehow I just know.

Seems as though my brain enjoy's the added dimension of keeping track what gear I'm in. One of the things I love about old Airhead's and manual transmission muscle cars.

And the guy is suing BMW over that?

geez....

My gas tank on my BMW motorcycle keeps going dry. Anybody interested in joining me in filling a class action lawsuit regarding this obvious safety issue???? I am shocked, shocked I say, just appalled !

Friedle

Maybe that guy needs another mode of transportation..... Another moron filing a lawsuit....

RIDERR1150GSADV said:

Maybe that guy needs another mode of transportation..... Another moron filing a lawsuit....

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Does a class action need to be certified by a judge? If yes, that's two morons.

Its all about the money. Lawyers always get paid first as do governments. But really, this guy just needs to ride more and worry less!

Then Harley has ABS modules that fail and you lose brakes on one end of the other. Not even a recall.

My initial response was similar to the general sentiment here- till it occurred to me that IF the bike indicated N when it is in fact in gear- that IS a safety issue that went unfixed for 4 dealer visits. Whether (if so) it warrents a classs action suit I have no idea. MY point is that NO gear indicator is safer than one that tells you it's safe to do...whatever it is we do in neutral when it isn't in fact in neutral. Nothing I have read really states the exact issue. Conceivably, an indicator that says you are in first when you are in second is dangerous- quick entry to a busy road in second or even third? (yeah- I double check too but I'm just sayin- at some point we trust our equipment)So agai9n- NO indicator is fine a faulty one is dangerous...potentially. The dealer should have disabled it when he couldn't fix it.

rick601 said:

My initial response was similar to the general sentiment here- till it occurred to me that IF the bike indicated N when it is in fact in gear- that IS a safety issue that went unfixed for 4 dealer visits. Whether (if so) it warrents a classs action suit I have no idea. MY point is that NO gear indicator is safer than one that tells you it's safe to do...whatever it is we do in neutral when it isn't in fact in neutral. Nothing I have read really states the exact issue. Conceivably, an indicator that says you are in first when you are in second is dangerous- quick entry to a busy road in second or even third? (yeah- I double check too but I'm just sayin- at some point we trust our equipment)So agai9n- NO indicator is fine a faulty one is dangerous...potentially. The dealer should have disabled it when he couldn't fix it.

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I see your point and can't argue too vigorously against it. Still, experienced riders know when their bike is in neutral purely by the feel of the shifter. Heck, I have a gear indicator which has never been wrong but I still "feel" my bike into neutral when I come to a stop. Just a habit from years of riding.

I like having a gear indicator but the only time it is essential is when stopped. Occasionally, I forget to downshift to 1st and the gear indicator is better than finding out when the engine stalls because you are in 2nd or 3rd.

Once I'm moving, the tachometer is way more interesting that the gear indicator.

I’m leaning more and more to the lawsuit being BS and more about the unresponsive dealer and the guy wanting to get back. The moment he knew it didn’t work he should know to ignore it and go rom and confirm gear/ neutral.

VIEJO said:

Noted on the Adventure Rider site that a gent in NJ is contemplating a class action suit against BMW for a faulty gear indicator display.... makes me appreciate my '81 R100 Airhead (my '03 K1200RS gear indicator display has never malfunctioned).

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I am amazed at the number of people who have rushed to judgment, and already think the case needs to be thrown out. To begin with we don't even know if a case has been filed yet. The above post says he is "contemplating" a class action. It does not even indicate that a case has been filed. And if it has been filed, a class action designation must be certified by the judge.

If the case is without merit, the judge can dismiss it, and award BMW attorney fees.

But our judgment needs to be tempered until we know the facts.

easy said:

But our judgment needs to be tempered until we know the facts.

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1. Never let facts get in the way of good story.

2. The opinions expressed are those of the poster. If one wants to air their thoughts on this "contemplated" class action suit then I say more power to them.

easy said:

I am amazed at the number of people who have rushed to judgment, and already think the case needs to be thrown out. To begin with we don't even know if a case has been filed yet. The above post says he is "contemplating" a class action. It does not even indicate that a case has been filed. And if it has been filed, a class action designation must be certified by the judge.

Our judgment needs to be tempered until we know the facts.

Click to expand...

AMEN.
If BMW offered this option and the owner paid for it, it should work as advertised unless somehow altered by the present or past owner. If it does not work as advertised and has not been altered, the manufacturer should fix it to make it work. If the manufacturer can not make it work, an alternative should be offered that it agreeable to the owner and the manufacturer. If the manufacturer takes the atitude of "Too Bad So Sad", that is not exceptable and other means to reach agreement should be explored.
Just because other experienced riders can find neutral with out and indicator does not excuse the responsibility of BMW to live up to their responsibility to each of us as BMW enthusiasts.
I don't know all the facts surounding this incident or past incidents (if there are any), but if I bought a bgrand new car and the gear selection indicator did not work, I would expect it to be fixed, does not mater that I know where P, R, N, D and L are or where 1st thru 6th are, I paid for it, make it work.
I've never had an issue with BMW with anything I've taken tom them, that being said, I would not allow them to "Bully" me if I ever did.

The claim: Casey v. BMW NA

The only valid points I see are that BMW has failed to fix Casey's problem and that there is some potential for injury/damage if the starter is engaged when the display incorrectly indicates "N".

I feel the case is weakened by:
1) suggesting this is a widespread problem affecting many different models with no supporting data. Apparently the problem was blamed on the potentiometer, which might be shared among many models (fiche has two possible parts, depending on the shape of the pot drive). But the potentiometer has already been replaced without correcting the problem, so the problem is likely something other than the potentiometer.

2) using three forum anecdotes without providing full context of the posts. Two claimed they could not start when the display indicated neutral, which could have been resolved by pulling the clutch lever in gear. Pulling the clutch should be SOP anyway for safety and for reducing transmission drag while starting. One was a 12 year old R1200GS, the other was a 10 year old HP2. The third post described damage from starting an 11 year old K1200S in gear while on the sidestand. So all were well out of warranty.

3) claiming seven operating "issues", six of which are either false or which indicate a brain-dead operator.
• Inability to properly judge accelerating power;
• Placing the Motorcycle in the incorrect gear when in cruise control;
• Reduced gas mileage from being in incorrect gear;
• Improper judgement of power and torque delivery available;
• Causing excessive strain on the motor due to incorrect gear to speed ratio which
can lead to eventual catastrophic engine failure;
• Difficulty starting the Motorcycle as a result of an inability to put the motorcycle
in neutral; and
• Potential for damage to the motorcycle and the user from the Motorcycle
inadvertently starting in gear and accelerating forward when the gear indicator
incorrectly indicates the Motorcycle is in neutral.